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Improving Access to Land Within the Settlements of Port Moresby*

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Improving Access to Land Within the Settlements of Port Moresby* Crawford School of Economics and Government WORKING PAPERS H AUSTRALIAN NATIONAL UNIVERSITY International and Development Economics mproving access to land within settlements of Port I Moresby Satish Chand Charles Yala 07-04 Crawford School of Economics and Government THE AUSTRALIAN NATIONAL UNIVERSITY http://www.crawford.anu.edu.au Improving access to land within the settlements of Port Moresby* Satish Chand The Australian National University Canberra and Charles Yala The National Research Institute Port Moresby 28 November, 2006. Abstract Improving access to land in the Pacific remains a difficult problem. This paper presents results from a field survey conducted in 12 randomly selected settlements in Port Moresby, the capital of Papua New Guinea, to investigate how settlers acquire land for housing. The analysis shows that several means for land acquisition is used; ranging from outright occupation (that is, land invasion) to purchase of use-rights from the customary landowners. The security of tenure on land held under customary title is maintained using mechanisms ranging from group occupation by members of a clan/tribe to the use of the traditional systems of reciprocation and token-exchange. Security of tenure on land held by the state, in contrast, is maintained thorough political patronage. Settlers fear eviction more from the state than the customary owners suggesting that ownership rights are relatively more secure on land held under customary title. The length of occupation is viewed by the settlers as cementing their ownership-rights to the occupied land. Similarly, some of the settlers have over- capitalised into permanent housing with the understanding that the State would have to compensate them for the improvements should they be evicted. * Financial support for this research via a grant from the International Centre for Excellence in Asia Pacific Studies at the Australian National University and from the National Research Institute is gratefully acknowledged. 1 1. Introduction Improving secure and long-term access to land as a means to accelerating the pace of economic development is receiving widespread international attention. It has been repeatedly pointed out that the absence of formal title on land occupied by the millions of people living in urban squatter settlements has impeded development. The lack of secure title to land has dissuaded savings and investment by the settlers (Deininger, 2003). The lack of formal title has also raised the cost of credit to the poor (Feder et al, 1988) and taxed the transferability of their assets (Besley, 1995). The above-mentioned channels have sucked life out of often the only major asset of the poor, leading De Soto (2000) to label land without formal title as ‘dead capital’. The recognition of the drag insecure rights to property places on poverty reduction has led to land-titling programs in several developing and transition countries including Cambodia, Columbia, Egypt, Ghana, Honduras, the Philippines, South Africa, Turkey, and Vietnam (Galiani and Schargrodsky, 2006).1 This land-titling wave, however, has as yet to reach the Pacific island nations. The demand for land for housing within the urban centres of the Pacific islands has grown rapidly over the past half a century and this trend is likely to continue for the foreseeable future. In Papua New Guinea, for example, the population has been growing at an annual average of 2.7 percent for the decade to 2005. Some 87 percent of the population live within rural districts where access to basic services and employment opportunities remain poor. Settlements around the urban centres and the capital in particular, have grown rapidly over the past three decades (Koczberski et al, 2001). With only 3 percent of the total land area being alienated, the majority of the new settlements are on land held under customary title. While settlers without legal title on state land may be classified as squatters, those on land held under customary title have usufruct rights to their place of abode. The latter group have used 1 The Economist, however, warns that: “Giving land titles to the poor is no silver bullet” (Economist, 2006: 62). 2 a combination of the modern and the traditional institutions to secure their rights of access to land for settlement. The presence of a market in houses built on this land is evidence that these institutions do indeed provide some degree of transferability of assets and that the underlying title to land, albeit informal, is more secure than that for settlers on state land. The question posed here is as to whether the systems that have evolved thus far could be used, and possibly strengthened, to provide long term security for housing in these settlements. The diversity in the systems that have evolved between land owned by the state and that by customary owners, and that amongst the various customary owners themselves, is used to draw lessons on the feasible policy choices. On the former, a number of settlers claim their rights to state land on the basis of political patronage. This right, the settlers acknowledge, remains until their patrons remain in office. Settlers have, as a consequence, been far more active in national elections compared to the rest of the population. This was evident during the survey when the whole settlement of Erima was found to be away attending a political rally organised by the incumbent Governor for National Capital District (NCD) in the lead up to the by-elections in the district. A number of politicians continue to reward such participation including, through providing ‘free’ water, electricity and land. Systems that have evolved within settlements on land held under customary title have ranged from explicit arrangements on purchase, sale, and rental of land and properties built on this land to nil payments and overt occupation without any compensation. On the latter, one group of landowners, while being unable to evict those settled on their land, have refrained from accepting any payments in fear of legitimising the claims of the settlers. The systems that have developed to date are far from complete or efficient in rationing land for housing, but they do offer many lessons on what could be done to progress this agenda. We exploit these differences to draw policy lessons on improving access to land for settler-housing in Port Moresby. 3 This paper makes a number of original contributions. First, it documents how institutions have evolved to cater for the rising demand for land for housing in the settlements of Port Moresby. In sharp contrast to ongoing efforts at land registration, we investigate the evolution of institutions at the household level that have had some success in providing long- term and secure access to land for settlement. Our ‘bottoms-up’ approach complements, rather than acts as a substitute, to the ongoing ‘top-down’ efforts at land surveys and land registration. Second, the study draws on data collected via a purpose-designed survey conducted in 12 randomly selected settlements covering a total of 441 households. Analysis of this data offers several insights into the functioning of settlements in Port Moresby. Third, the analysis reveals that institutions have evolved, and continue to do so, to fill at least some of the void left by formal systems in enabling access to land for housing. The incentives to acquire security to land for housing are significant to the settler. Furthermore, the landowner has similar incentives in ensuring that the value from their assets is maximised. The transactions, however, takes place in conditions of imperfect information on several dimensions including the murky rights of the purported owner and the capacity of the buyer to enforce his/her rights of settlement. Transactors, however, learn over time as news on past deals is readily shared within the community. The rest of the paper is organised as follows. Section 2 provides a succinct summary on the linkages between property rights and development. Section 3 provides information on the settings for this analysis; namely, the settlements of Port Moresby, the capital of Papua New Guinea. Section 4 presents the methodology, data, and some of the preliminary findings from our analysis. Section 5 presents some of the policy implications while the conclusions brings the paper to a close. 4 2. Property rights and development The lack of security to land has long been considered an obstacle to economic development. De Soto (2000), for example, notes that a market economy is “inconceivable” (page 147) without an integrated formal property system. He attributes migration of the poor from rural to urban areas as being due to a lack of their rights to own land and thus their inability to improve on their wellbeing. De Soto sees migrants as a source of entrepreneurship, labelling them the ‘noble pioneers’, in contrast to the common stereotyping as trespassers on unoccupied property. Providing migrants with land titles has consequently been seen as a means of unleashing their entrepreneurial potential and propelling them down a path of poverty reduction. The broader literature attributes at least four distinct channels via which land-titling lowers poverty. First, having exclusive rights to a house has intrinsic value to the owner. This together with the ability to transfer it at will enable the householder to restrict those from family and clan to reside at their premises and feed off their income.2 Second, possession of exclusive rights to a property affects the incentives to save and invest. A house, absent perfect factor markets, provides the householder the instrument to save and invest such as through ongoing improvements that are undertaken through sacrificing leisure time. Most of the houses in the settlements of Port Moresby, for example, are under continuous upgrading, and often undertaken with family and clan labour. An individual, unsure of his/her ability to reap the benefits of any investment in a long-term lumpy-asset such as housing, thus, is likely to under-invest when security to the asset is lacking.
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